Legal Opinion

United States v. Visinaiz

District Court, D. Utah

Decided November 16, 2004No. 2:03-cv-00701PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER AWARDING RESTITUTION

CASSELL, District Judge.

On August 26, 2004, defendant Cruz Vi-sinaiz was convicted by the jury of second-degree murder in the death of Ms. Clara M. Jenkins and is now before the court for sentencing. In federal criminal cases— including homicide cases — the court is required to award restitution to the victim for lost income resulting from the offense under the Mandatory Victim Restitution Act. 1 Under this Act, judges are charged with determining all disputed facts relevant to a calculation of restitution, including the determination of the…

2Cases cited51 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  4. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  5. Jones v. United StatesSupreme Court of the United States · 1999

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3Cited by9 opinions

  1. United States v. WilsonDistrict Court, D. Utah · 2005
  2. United States v. Theodore Anthony CienfuegosCourt of Appeals for the Ninth Circuit · 2006
  3. United States v. AngelosDistrict Court, D. Utah · 2004
  4. Prickett v. StateIndiana Supreme Court · 2006
  5. United States v. MueffelmanDistrict Court, D. Massachusetts · 2005

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